Taxi driver trapped in upturned cab following collision receives damages

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Taxi driver trapped in upturned cab following collision receives damages

19th September 2013

A taxi driver who had to be cut free from the wreckage of his cab after a collision flipped it onto its side has received £45,000 in an out of court settlement.

The Essex man, who is in his 40s, was driving his black cab in central London when a 4x4 driver failed to give way at a junction and drove straight into the rear of his cab knocking it onto its side.

Matthew Claxson, a specialist road collision lawyer at Fentons Solicitors LLP, who represented the man, said his client was trapped inside his upturned cab in agony for about an hour whilst the Fire Brigade worked on getting him out safely.

“My client feels extremely angry towards the man who drove into him as the whole time he was trapped inside his cab, the man never even came over to see how he was,” he said. “The driver never said a word to him; he simply waited while someone else got help.”

After the taxi driver was eventually freed from the wreckage of his cab, he was taken by ambulance to hospital with a dislocated and fractured right shoulder and soft tissue injuries to his neck. Following an operation on his shoulder he was discharged with his arm in a sling into the care of his family.

“Over the next several weeks my client had difficulty sleeping as he was getting nightmares about the accident and the pain in his shoulder and neck kept waking him up at night,” said Matthew, a partner with the firm. “He couldn’t work for about seven weeks and when he began driving again he could only manage a few hours a day. Although he’s been able to build up his hours since then, his shoulder often feels weak and stiff and he’s still not been able to return to the kind of hours he was doing before the accident.

“The accident has changed my client’s life in many ways and there aren’t many days that pass where he doesn’t think about what could have happened,” he added.  “When the police told him that the driver who hit him was uninsured he felt total outrage. Fortunately he wasn’t carrying any passengers at the time but the thought that he could have been killed leaving his wife and family behind will always haunt him.”

Matthew said the fact that the man responsible for his client’s injury was driving around with no insurance was an absolute disgrace but the fact that he was doing so at speed in central London in a high performance car simply beggared belief. “As we were unable to pursue a claim against the uninsured driver we had to claim against the Motor Insurers’ Bureau - the fund set up specifically to compensate those who are injured or affected by incidents involving uninsured drivers.

“There are an estimated 1.7 million uninsured drivers on our roads today and the number of people caught driving without insurance has increased in the last three years,” he said. “This unfortunately means that the odds of having an accident with an uninsured motorist are much higher than many expect.

“My client has been driving a cab for more than 20 years and has gone from really enjoying his job, to having no enthusiasm for it whatsoever,” added Matthew. “Having previously enjoyed being able to talk to different people at work, he now rarely speaks to his customers. Prior to the accident, he enjoyed playing golf with his friends and family, but sadly as a result of his injury, he has had to give up what was his main hobby. This is obviously something he has found extremely upsetting.”

The defendant driver was later convicted of driving without due care and attention and with no insurance.

How can Fentons Solicitors help?

Fentons has a specialist department experienced in handling claims for victims of serious injuries arising from road traffic collisions.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.